Assembly slaps HOAs on water

SACRAMENTO  San Diego Assemblywoman Lorena Gonzalez’s legislation to grant residents of common-interest developments the unbridled right to plant drought resistant landscaping is on its way to the state Senate.

The Democrat’s measure easily cleared the Assembly Thursday, 74-1.

“Homeowners who want to act responsibly in these times of water insecurity should be rewarded — not penalized, sued or fined by their HOAs,” Gonzalez said.

The measure, which comes when the state is in the grips of a deep drought, “is an effort to remind the entire state that brown is beautiful,” she added.

Gonzalez’s Assembly Bill 2104 aims to plug a hole in existing law.

When the Legislature previously limited the grip homeowner associations had over landscaping, some governing boards acted to circumvent the law by declaring lawns as part of the complex’s architectural design and thus were free to retain authority over what residents can plant — even during droughts.

The new legislation clarifies that HOAs must permit drought resistant landscaping regardless of long-standing policies.

The lone no vote came without comment from Assemblyman Tim Donnelly, R-Twin Peaks, a candidate for governor.

Gov. Jerry Brown has not taken a position on the bill, but he has generally pushed for more conservation mandates.